Any and all extra-duty assignments for police personnel shall
be determined and approved by the Chief of Police, Deputy Chief or
his or her designee. No police officer shall perform special duty
assignments for private parties or non-law-enforcement entities for
compensation other than through the procedure set forth in this article.
The Chief of Police, Deputy Chief or his or her designee shall obtain
such information as he or she determines necessary and is authorized
to approve such special duty police work in accordance with this article.
The Chief of Police, Deputy Chief or his or her designee may assign
a police vehicle for use in performing extra duty if and in the event
it is determined that the use of a police vehicle is necessary to
perform the contracted duty. The Chief of Police or Deputy Chief or
his or her designee may deny the assignment or use of police officers
or vehicles and/or may impose any condition or requirement as in his
sole discretion and determination is in the best interest of the Borough
and/or police officers or public safety. The Chief of Police, Deputy
Chief or his or her designee shall be guided by the nature of the
assignment and may refuse to approve those with conflict of interest
and/or significant risk of injury. The Chief of Police, Deputy Chief
or his designee may assign a police vehicle or appropriate equipment
for use in performing special duty if and in the event it is determined
that the use of a police vehicle is necessary to perform the contracted
duty. This ordinance does not apply to assignments or work performed
for or at the direction of any special task force or similar assignments
by the County Prosecutor's Office or other law enforcement agencies,
except that payments to the officer(s) performing such assignments
may be made by such law enforcement agencies through the Borough Special
Duty Police Fund subject to the approval of the municipal finance
officer.
The work to be performed shall be considered special assignment
from independent contractors and will not be considered a direct assignment.
The taking of any and all special duty assignments shall be on a voluntary
basis in accordance with a fair and reasonable system established
and administered by the Chief of Police, Deputy Chief or his designee.
Officers engaged in special duty assignments shall be deemed
on duty for all purposes, including, but not limited to, workers'
compensation, public liability and third party claims for damages
and shall conform to all Police Department rules, regulations and
procedures. All such agreements for special duty assignments shall
be contracted for in writing by the completion of a form available
from the Police Department which contracts shall be kept on record
as other such public documents. Delinquent parties shall be liable
for all costs, fees and attorney's fees associated with the collection
of any amounts due. Private parties or attorneys who utilize police
officers in civil cases by subpoena will be responsible to reimburse
the Borough for the costs incurred for the officer's time while complying
with the subpoena. The time incurred will be billed by the Borough
to the requesting private attorney or party. Officers will continue
to be compensated by the Borough as per past practice and the collective
bargaining agreement for time responding to subpoena(s). This section
does not apply to internal administrative or disciplinary matters
in which reimbursement to the Borough is not applicable.
All special duty assignments shall be within the municipality,
unless specific written approval is given by the Borough Council and/or
the Municipal Administrator to the officer to work outside of the
municipality. The Chief of Police, Deputy Chief or his designee may
contact adjoining municipal police departments to see if they are
willing to perform such special assignments. This does not apply to
assignments crossing municipal boundaries in which the work is partially
performed within the municipality.
Any assignment which is canceled on less than an hour's notice
shall be charged against the party. Upon cancellation, the contractor
shall be responsible for the minimum payment of four hours, per officer
assigned, at the specified rate.
The Chief of Police, Deputy Chief or his designee has the authority
to order any police officer to vacate or terminate any special duty
assignment in response to emergency situations or whenever the assignment
creates an unacceptable risk to health, safety and welfare of the
police officer and/or public in the sole determination and discretion
of the Chief of Police, Deputy Chief or his designee. The contractor
shall not be responsible for any compensation for the time that the
police officer is away from the special duty assignments and shall
have no claim for any costs or damages against the municipality, the
Chief of Police, Deputy Chief or his designee or any police officer
arising from the termination of any special duty assignment other
than the prorated return of any fees prepaid to the Borough or the
municipality for the time.
The municipality shall be responsible to provide all necessary
insurance coverage as required by law, including but not limited to
workers' compensation, public liability and claims for damage for
personal injury, including death or damage to property which may arise
as a result from the municipality's performance under the contract.
All special duty assignments and related work shall be performed
in accordance with the agreement for special duty assignments of police
officers entered into between the contractor and the municipality.